Police, The Fourth Amendment, Qualified Immunity

Emergency exception to 4A requires imminent threat of violence

leave a comment »

The 2006 SCOTUS case called Brigham City has left exigency exception / emergency exception 4a jurisprudence in a bit of a mess. While there was clearly probable cause under the facts of Brigham City, some commentators and lower courts have used the case to remove the probable cause requirement from of the exigency exception and/or the emergency exception.

Case: Sandoval v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, Court of Appeals, 9th Circuit 2014

Good Ninth Circuit decision clarifies that probable cause is required to invoke the exigent circumstances exception, at least in 9C. The opinion goes on to state that even if the emergency exception does not require probable cause, the emergency aid exception does require “particularized or imminent threats of violence.” In this case: (i) there was no probable cause, meaning that the policemen could not use the exigent circumstances exception to 4A; and (ii) there were no imminent threats of violence, meaning that the policemen could not invoke the emergency aid exception.

By the way, once the police got inside the home, they shot the family’s pet dog to death, so the denial of qi here may mean that the police might end up being liable for killing the dog.

Written by Burgers Allday

July 5, 2014 at 10:07 am

Posted in Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: